Tort law – Defenses

As in every other law, the defendant may be innocent and the lawsuit may be abandoned or it can be finished with judgement that absolves that party from partial or full responsibility, and the damage they have to pay may be nullified or reduced. When it comes to the lawsuit there are three different principal defenses to the tortious liability.

   First principal defense is most often called consent and warning. It is a simple principal that states that plaintiff doesn’t have ground for a lawsuit if he either implicitly or explicitly consented to the activity in which he suffered injury. In activities that carry some amount of danger all participants are required to sign a document in which they accept the risk they will face, which will make any tort lawsuits nullified.


  Some sports are dangerous for both participants and audience as well. For example, if a hockey puck hits an individual in the audience he has no ground for tort lawsuit because he agreed to the risk of that happening in the moment he entered the arena in which hockey is played. Same thing can be said for many other sports. Helpful link criminal lawyer.

what_is_my_case_worth If a victim, plaintiff, had some contribution towards the injury then he or she have no ground for a lawsuit towards the person that caused that injury. Victim can influence that process of negligence with negligence of his own, like irresponsible actions any normal person would avoid. In some countries like USA, any negligence from victim that contributed to the damage erases the lawsuit. But in other countries the amount of contribution from the victim lowers the damages the guilty party has to pay.

Illegibility of a lawsuit may happen if the plaintiff was involved in crime at the moment of the negligence. Let me give you an example of this. Burglar is in the house to steal money and other things. He is found out and confronted by the owner. This forces the burglar to jump through the window and in doing that he harms himself. In this case the lawsuit would be useless because the burglar was involved in a crime. If you want to find out more about this topic don’t hesitate to contact Phoenix Criminal lawyer.


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Criminal law and its objectives

As its name suggests criminal law is related to crimes. Criminal law has a set of rules, many rules that lists all actions that are considered threatening or harmful, for persons safety, property and so on. Criminal law also punishes violators of these laws.  The major difference of criminal law from civil law is that it is focused on punishment rather to compensation and resolution of disputes which is a focus of civil law.

   Punishments made through criminal law may be severe, but in some systems they may be too mild also. For the worst crimes some countries still have capital punishment which comes in two forms, prison for life and death. Few nations still have physical punishments in the form of whipping or caning that are active, but the rest of the world abolished them ages ago.


Prison time is the best form of punishment and length of that is decided upon the severity of the crime, and up to the system. There are milder form of prison like jail or house arrest. Fines are another way to punish criminals that broke the law but their crime is not severe enough for jail time. And sometimes both prison and fines would be used to punish a criminal.


   Now, punishing without any real objective is rather stupid, and that is why criminal law has five major objectives behind sending people to jail. These objectives are focused both on offender and victim and their main aim is to restore as much of the normality in both of them as possible. Click here for info.

  Retribution is first objective of the criminal law. Criminal brake law and inflict damage on society and they have to be punished, prison is the best option right now.

   109433criminal2In order to prevent offender from repeating his actions prison serves as a deterrence as well.

  Criminals must be taken out of society, and prisons, even solitary kinds, are good example of this incapacitation.

    Length of the prison sentence is there to give a chance to offender to rehabilitate and return to society as a new person.

   Restoration aims towards repairing the damages made to victim.

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